U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

19–118

" SENATE ! 108TH CONGRESS

1st Session 

TREATY DOC. 

2003

108–8

PROTOCOL TO TREATY OF FRIENDSHIP, COMMERCE, 

AND NAVIGATION WITH DENMARK

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

PROTOCOL TO THE TREATY OF FRIENDSHIP, COMMERCE, AND 

NAVIGATION BETWEEN THE UNITED STATES AND DENMARK OF 

OCTOBER 1, 1951, SIGNED AT COPENHAGEN ON MAY 2, 2001

SEPTEMBER 2, 2003.—The Protocol was read the first time, and together 

with the accompanying papers, referred to the Committee on Foreign 

Relations and ordered to be printed for the use of the Senate 


E:\Seals\Congress.#13
(III)

LETTER OF TRANSMITTAL 

THE WHITE HOUSE, September 2, 2003. 

To the Senate of the United States: 

With a view to receiving the advice and consent of the Senate to 

ratification, I transmit herewith the Protocol to the Treaty of 

Friendship, Commerce, and Navigation Between the United States 

and Denmark of October 1, 1951, signed at Copenhagen on May 2, 

2001. I transmit also, for the information of the Senate, the report 

of the Department of State with respect to this protocol. 

The protocol will establish the legal basis by which the United 

States may issue treaty-investor (E–2) visas to qualified nationals 

of Denmark, by supplementing the U.S.-Denmark friendship, commerce, and navigation (FCN) treaty to allow for entry and sojourn 

of investors, a benefit provided in the large majority of U.S. FCN 

treaties. United States investors are already eligible for Danish 

visas that offer comparable benefits to those that would be accorded nationals of Denmark under E–2 visa status. 

The United States has long championed the benefits of an open 

investment climate, both at home and abroad. It is the policy of the 

United States to welcome market-driven foreign investment and to 

permit capital to flow freely to seek its highest return. Denmark 

also provides an open investment climate. Visas for investors facilitate investment activity, and thus directly support U.S. policy objectives. 

I recommend that the Senate consider this protocol as soon as 

possible, and give its advice and consent to ratification of the protocol at an early date.

GEORGE W. BUSH. 

(V)

LETTER OF SUBMITTAL 

DEPARTMENT OF STATE, 

July 18, 2003. 

The PRESIDENT, The White House. 

THE PRESIDENT: I have the honor to submit to you the Protocol 

to the Treaty of Friendship, Commerce, and Navigation Between 

the United States and Denmark of October 1, 1951, signed at Copenhagen on May 2, 2001. I recommend that this protocol be transmitted to the Senate for its advice and consent to ratification. 

The protocol will establish the legal basis by which the United 

States may issue treaty-investor (E–2) visas to qualified nationals 

of Denmark by supplementing the U.S.-Denmark friendship, commerce, and navigation (FCN) treaty to allow for entry and sojourn 

of investors, a benefit provided in the large majority of U.S. FCN 

treaties. United States investors are already eligible for Danish 

visas that offer comparable benefits to those that would be accorded nationals of Denmark under E–2 visa status. 

The United States has long championed the benefits of an open 

investment climate, both at home and abroad. It is the policy of the 

United States to welcome market-driven foreign investment and to 

permit capital to flow freely to seek its highest return. Denmark 

also provides an open investment climate. Visas for investors facilitate investment activity, and thus directly support U.S. policy objectives. 

Danish direct investment in the United States totaled over $5.9 

billion at year-end 2000 (on a historical costs basis). The U.S. direct 

investment in Denmark amounted to about $5.6 billion (on a historical costs basis) and U.S. investment accounts for one-third of 

Denmark’s total direct investment. 

THE U.S.-DENMARK PROTOCOL

The protocol is a precondition to the issuance of a treaty-investor 

visa to a Danish national, inasmuch as section 101(a)(15)(E)(ii) of 

the Immigration and Nationality Act (INA), 8 U.S.C. 

§ 1101(a)(15)(E)(ii), permits issuance of an E–2 visa only to a nonimmigrant who is

. . . entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of 

which he is a national . . . solely to develop and direct the 

operation of an enterprise in which he has invested, or of 

an enterprise in which he is actively in the process of investing, a substantial amount of capital.

VI

Although most U.S. FCN treaties contain a provision qualifying 

the treaty partner’s nationals for E–2 visas, the U.S.-Denmark 

FCN does not. The protocol is intended to overcome this deficiency. 

The treaty protocol reflects language found in the INA, the other 

U.S. FCNs and investment treaties generally. The principal substantive article of the protocol provides that

[n]ationals of either Contracting Party shall be permitted, 

subject to the laws relating to the entry and sojourn of 

aliens, to enter the territories of the other Party and to remain therein for the purpose of developing and directing 

the operations of an enterprise in which they have invested, or in which they are actively in the process of investing, a substantial amount of capital.

I support this protocol, and I favor its transmission to the Senate 

at an early date. 

Respectfully submitted, 

COLIN L. POWELL. 

(1)


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